FullCalendar Scheduler - Terms and conditions

1. Preamble

This Agreement governs the relationship between you, either an individual or a Legal Entity ("Licensee"), and FullCalendar LLC, a Delaware corporation ("Licensor"). This Agreement sets the terms, rights, restrictions and obligations on using FullCalendar Scheduler ("The Software") created and owned by Licensor, as detailed herein.

2. Definitions

"The Software", "Software", or "FullCalendar Scheduler" shall mean the copyrighted material owned by Licensor, subject to the terms of this License. The Software is publicly, uniquely, and in its entirety recognizable by the "FullCalendar Scheduler" name ("Software Name").

"Software Release" or "Release" shall mean a set of files distributed by Licensor, or anyone authorized to distribute it, that represents the Software. A Release is uniquely identified by the Software Name and a code. Such code is generally referenced as the Software version or revision number, or a combination of both.

"Release Date" shall mean the day that Licensor started distributing a Release.

"Product" shall mean one or more websites, web applications, or computer programs (i) owned by Licensee, or (ii) to which the owner grants Licensee the permission to act in behalf of the owner for the purposes of this Agreement. A Product that goes in competition with the Software does not constitute a valid Product for the scope of this Agreement.

"Developer" shall mean an authorized person designated by Licensee to perform Development Activities.

"Development Activity" shall mean the act of interacting with the Software or one of its Releases, in any number of Products owned or produced by Licensee, with the intent of installation, customization, configuration, testing, documentation, or any other software development activity related to the Software.

"Effective Date" means the date on which the Legal Evidence is made effective.

3. License Grant

Licensor hereby grants Licensee, in accordance with one of the License Models described in clause 4, a Personal, Non-assignable & non-transferable, Perpetual, Commercial, Royalty free, Including the rights to create but not distribute derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.

4. License Models

The Software may be assembled with the Product and redistributed in respect of one, and only one, of the following models ("License Models") of Licensee's choice:

A valid Developer license is required for every single Developer Person. Developer licenses cannot be shared among different Developer Persons. Non-Development Activities on Production Websites do not require Developer licenses.

License Fee values may differ depending on the license model.

5. Agreement Acceptance

This Agreement is automatically accepted by both parties as long as Licensee is in possession of legal evidence ("Legal Evidence") that the acceptance has taken place. The Legal Evidence can be represented by (i) a copy of this Agreement signed by Licensee and Licensor or (ii) a valid Certificate of License Ownership, provided by Licensor and addressed to Licensee. The Legal Evidence must precisely indicate this Agreement, the Software Name, and the License Model that Licensee has chosen.

Legal Evidences for different combinations of License Models, Sites, and Products will not restrict each other and will not interfere in the rights granted to Licensee by each of them.

6. Limitation on Releases

This agreement is valid for all Releases of the Software with Release Dates within or before the 365 days that follow the Effective Date ("Upgrade Period"). Licensor has no obligation to provide you any Release that is not released for general distribution to other FullCalendar Scheduler licensees. Nothing in this Agreement shall be construed to obligate Licensor to provide additional Releases to Licensee under any circumstances.

7. Support

Licensor shall provide support for Developers covered by valid Developer licenses for the period of 365 days following the Effective Date ("Support Period"). Support shall be limited to electronic messaging access. Licensor shall keep Licensee informed, either per Licensor readiness or by following your request, including changes to it, about the rules and procedures that Licensee must perform to enjoy support under the terms of this Agreement. Support topics shall be limited to the following (each a "Support Request"):

The number of Support Requests that Licensor is entitled to accept from Licensee per each Developer License is one per month. Licensor may refuse Support Requests that exceed these limits.

Licensor is not in any way obliged to perform bug fixing or custom development activities as a result of a Support Request.

8. Term & Termination

The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee's license in the case where Licensee:

9. Payment

In consideration of the License granted under clause 3, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.

10. Liability

To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software's actions, failure, bugs and/or any other interaction between The Software and Licensee's end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software's source code.

11. Warranty

12. No Refunds

Licensee warrants that he inspected The Software according to clause 11.3 and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.

13. Indemnification

Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee's use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee's consent prior to any settlement in relation to such lawsuit or claim.

14. Governing Law, Jurisdiction

Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.